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Case
Case name
Cleaning the Safeguarding the Constitutional Monument Activity
Name of persons / Name of Media
Chanoknan Ruamsap
Case status
คำอธิบายสถานะคดี ภาษาอังกฤษ
Other
Status of Accused
Others(Strike out of case file after the defendant flee from the Kingdom)
Offense / order
Public Assembly Act 2015, Others (Order of the Head of NCPO no. 3/2015)
| Name of persons / Name of Media | Status of Accused |
|---|---|
| Aranyika | Others (Not guilty due to the revocation of the existing junta's decree) |
| Kasemchat | Others (Not guilty due to the revocation of the existing junta's decree ) |
| Suthida | Others (Not guilty due to the revocation of the existing junta's decree) |
| Karn | Others (Not guilty due to the revocation of the existing junta's decree) |
| ๊Uthai | Others (Not guilty due to the revocation of the existing junta's decree) |
| Khunapat | On bail |
Summary
On 24 June 2016, around 9 a.m. Seven activists gathered at Wat Prasi Mahadhat Worawihan, a Buddhist monastery in Bang Khen District of Bangkok, to conduct an activity called “Cleaning-up Democracy.” The activity was initiated by seven activists who walked from the temple to the Fifth Constitution Monument (also known as Laksi Monument) which was located at Bang Khen Circle, in order to clean the memorial and commemorate the changet of the Thai political system.
Undercover Police tried communicating verbally with the activists while they were at the monastery and ordered the them to cease their activities. However, the group refused and began their march towards the monument.
During the march, the authorities attempted to stop the activists but they kept walking until they reached the opposite area of Buddhist Enlightenment University in Phranakhon Rajabhat University. Female riot police (Pretty Thai Cop) also tried blockading their group before detaining them and transporting them to Bang Khen Police Station through a van.
The seven activists were detained at the police station from about 10 a.m. until the evening. They were then brought to the Bangkok Military Court where the police will file pre-trial detention against them before the Bangkok Military Court. The seven activists in question were informed of their accusation under Order No. 3/2015 of the Head of NCPO and accusation under the Public Assembly Act.
However, the court dismissed the petition for pre-trial detention for the seven activists from inquiry officers, with the justification that this case should result in a light sentence and that all of the accused were students. In the end, the seven activists were released from the Bangkok Military Court at around 8.40 p.m. in the same day.
However, the court dismissed the petition for pre-trial detention for the seven activists from inquiry officers, with the justification that this case should result in a light sentence and that all of the accused were students. In the end, the seven activists were released from the Bangkok Military Court at around 8.40 p.m. in the same day.
Basic information
Background of accused
Chanoknan Ruamsap, aged 23, graduated from the Faculty of Political Science, Chulalongkorn University, member of the New Democracy Movement
Aranyika, aged 21, third year student at the Faculty of Fisheries, Kasetsart University
Kasemchat, aged 21, fourth year student at the Faculty of Social Science, Kasetsart University
Suthida, aged 21, third year student at the Faculty of Humanities, Kasetsart University
Karn, aged 19, second year student at the Faculty of Social Science, Kasetsart University
Uthai, aged 21, third year student at the Faculty of Science, Kasetsart University
Khunapat, aged 21, fourth year student at the Faculty of Political Science, Ramkhamhaeng University
Legal Claims
Being an organizer but fail to notify public assembly to the authority
-
Form of restriction on freedom
Charge filed
-
Type of media
Public Assembly
-
Province
Bangkok
-
Court
Bangkok Military Court
Details of offence according to charge
The seven activists organised an event called “Cleaning-up Democracy” which was considered to be a political assembly without permission by the National Council for Peace and Order (“NCPO”). This incident falls under the scope of clause 12 of the Head of NCPO Order no. 3/2015 on prohibition of political gathering of five or more people without permission. Moreover, a notice that has to be made at least 24 hours prior to such an assembly had not been given to the local police. This results in a violation of the Public Assembly Act, B.E. 2558 (2015).
Circumstance of arrest
On 24 June 2016 about 09:00 in the morning at Wat Phra Si Mahathat (a Buddhist monastery in Laksi District, Bangkok) at an initial stage of the assembly, plainclothes police tried to negotiate with the seven activists not to continue their plan but not success. When the activists started walking from the monastery, the police closed the monastery gate, but the activists were finally able to march from the monastery toward the Constitution Protection Monument (also known as the Fifth Constitution Monument or Laksi Monument). On the way, the police made several attempts to prevent the activists from continuing their march and they drove a van along the march for the whole time. However, they don't force to arrest the activists at this stage.
While the march was carried out, the activists were also handing leaflets out to the passer-by. However, the police confiscated the leaflets from those who received. At the time that the activists reached the opposite side of the Buddha Witchalai building of Phranakhon Rajabhat University, female riot police started to blockade the activists and forced them to sit. At about 10:00, the police carried the activists to the van and brought them to Bang Khen Police Station located on the other side of the street to proceed with interrogation. The interrogation began after 10:00.
Progress of case
24 June 2016
Seven activists gathered at Wat Phra Si Mahathat at about 09:00 in the morning in order to set up an event called “Cleaning-up Democracy” (marching from the monastery to the Constitution Protection Monument and cleaning up the Monument). The police attempted to negotiate with them not to continue their activity, but it was unsuccessful. The police then arrested all the activists at about 10:00 and brought them to Bang Khen Police Station.
At about 10:30, Anon Nampa, a lawyer from the Thai Lawyers for Human Rights, arrived the police station but was refused to meet with the detained activists. The police gave reasons that there was no accusation made and that there were already three scholars from Kasetsart University talking with some activists who were students at Kasetsart University.
Anon was permitted to get in after the three scholars went out from the interrogation room. Initially, the police informed charges of violation of the Public Assembly Act (not giving a notice to the responsible police body prior having a public assembly) and violation of the Head of NCPO Order no. 3/2558 (3/2015) (prohibition of political assembly of five or more people without permission). The police also searched bags of all the activists and confiscated a tray with a constitution model on top as exhibit.
Moreover, the police pulled the car of Chanoknan, one of the seven activists, to Bang Khen Police Station for a search and they found some documents that were likely to be illegal according to the Referendum Act 2016. Officials from the Election Commission were invited to examine the documents in question. However, no charge under the Referendum Act was made.
At about 15:20, Thai PBS website reported that the police brought the seven activists to the Bangkok Military Court to request for pre-trial detention.
At about 16:00, the seven activists were taken to the Bangkok Military Court. Inquiry officials requested for pre-trial detention for a period of 12 days on the grounds that there remained four witnesses to be inquired and that the result of the accused’s fingerprint examination must be waited. In the petition, there was no opposition to bail.
At about 19:40, the Bangkok Military Court organised a trial to inquire the petition. In summary, the lawyer asked the inquiry officials and obtained answers as follows: The accused were university students; the exhibits were politics-related documents; inquiry officials had not read the documents; inquiry officials did not know who the remaining four witnesses were as they were not responsible inquiry officials of this case; examination process of the accused’s criminal records was not related to the accused, but rather a duty of officials; and the inquiry officials had interrogated all of the activists and all of them made denial.
Karn, one of the accused, stated before the court that they intended to commemorate the Siamese Political Revolution which occurred on 24 June 1932 and to make the Constitution Protection Monument clean. He also stated that they were students during examination period and therefore requested to be released.
After the examination on pre-trial detention, the Bangkok Military Court dismissed the petition for pre-trial detention on the grounds that it was not an offence with high punishment rate, that the accused were students and were responsible for their study, that all of the accused had been interrogated and had habitual residences, and that there was no likelihood to flee or interfering with witnesses-evidences, and then the detention was not required.
The seven activists were released from the Bangkok Military Court at about 20:35.
